`Tel: 571-272-7822
`
`Paper 22
`Entered: October 16, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BROSE NORTH AMERICA, INC.
`and
`BROSE FAHRZEUGTEILE GMBH & CO. KG, HALLSTADT,
`Petitioner,
`
`v.
`
`UUSI, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00416
`Patent 8,217,612
`
`Case IPR2014-00417
`Patent 7,579,8021
`
`____________
`
`
`
`
`
`Before GLENN J. PERRY, HYUN J. JUNG, and GEORGE R. HOSKINS,
`Administrative Patent Judges.
`
`
`PERRY, Administrative Patent Judge.
`
`
`
`DECISION ON MOTION
`Substitutes for Defective Exhibits
`37 C.F.R. §42.5
`
`
`1 The parties are not authorized to use a combined caption.
`
`
`
`IPR2014-00416 and IPR2014-00417
`Patent 8,217,612 and Patent 7,579,802
`
`
`Petitioners move2, pursuant to 37 C.F.R § 42.5, to replace
`
`Exhibits 1005, 1007, 1008 and 1010 with corrected versions because the
`
`originals uploaded with the Petition are defective. Petitioners indicate that
`
`Patent Owner does not oppose.
`
`Authorization to file the motion was granted on October 7, 2014. See
`
`Order Conduct of Proceeding (Oct. 7, 2014) at 2. The exhibits at issue are
`
`publicly available U.S. Patents:
`
`Exhibit 1005 - U.S. Pat. No. 8,217,612 (in IPR2014-00416)
`
`Exhibit 1005 - U.S. Pat. No. 7,579,802 (in IPR2014-00417)
`
`Exhibit 1007 - U.S. Pat. No. 4,870,333
`
`Exhibit 1008 - U.S. Pat. No. 4,468,596
`
`Exhibit 1010 - U.S. Pat. No. 6,064,165
`
`Petitioners explain that the originally-filed exhibits were retrieved
`
`using Google Patent Search. Petitioners now understand that this resource
`
`incorrectly rendered certain Figures within the patents. Specifically, certain
`
`lines, portions of lines and other aspects of the Figures were omitted when
`
`the patents were printed. The specific defects are detailed in the Motion and
`
`will not be repeated here.
`
`Petitioners further explain that the defects were first discovered on
`
`September 25, 2014 during preparation for the deposition of Dr. MacCarley
`
`and that they immediately took steps to correct the defects. According to
`
`Petitioners, correct copies of the defective exhibits were made available to
`
`the witness at deposition.
`
`
`
`
`2 IPR2014-00416, Paper 21; IPR2014-00417, Paper 27.
`
`
`
`2
`
`
`
`IPR2014-00416 and IPR2014-00417
`Patent 8,217,612 and Patent 7,579,802
`
`
`We are satisfied, based on Petitioners’ representations, that there has
`
`been no harm to Patent Owner resulting from the noted defects and we
`
`GRANT the Motion. Exhibits 1005, 1007, 1008, and 1010 as filed with the
`
`Petitions on February 6, 2014 will be expunged from the records of these
`
`proceedings. Petitioners shall, within 7 days of the entry date of this
`
`decision, submit corrected Exhibits labeled “Ex. 1005 (Corrected),”
`
`“Ex. 1007 (Corrected),” “Ex. 1008 (Corrected),” and “Ex. 1010
`
`(Corrected),” in each proceeding.
`
`
`
`For PETITIONER:
`
`Craig D. Leavell
`KIRKLAND & ELLIS LLP
`craig.leavell@kirkland.com
`
`Alyse Wu
`KIRKLAND & ELLIS LLP
`alyse.wu@kirkland.com
`
`Luke L. Dauchot
`KIRKLAND & ELLIS LLP
`Luke.dauchot@kirkland.com
`
`
`
`For PATENT OWNER:
`
`Monte L. Falcoff
`HARNESS, DICKEY & PIERCE, P.L.C.
`mlfalcoff@hdp.com
`plloyd@hdp.com
`
` Michael R. Nye
`HARNESS, DICKEY & PIERCE, P.L.C.
`mnye@hdp.com
`
`
`
`
`3
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
